UCHENNA NWACHUKWU V. THE STATE
June 18, 2025ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD V. MALLAM UMARU GARBA
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 10191
In the Supreme Court of Nigeria
Fri Jul 12, 2002
Suit Number: SC. 110/1998
CORAM
SALIHU MODDIBBO ALFA BELGORE JUSTICE, SUPREME COURT
ALOYSIUS IYOGYER KATSINA-ALU, JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
ABU IDAKWO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
By a writ of summons issued on 25th October 1989 the appellant, plaintiff in the High Court of Kogi State, claimed, among several other declarations, a declaration that he was the rightful person to be appointed the ‘Gago of Ukwaka Village’. ?
HELD
Appeal dismissed.
ISSUES
The court below should not have limited itself to a consideration of the only issue on which it disposed of the appealWhat order should an appellate court make consequent upon its finding that there had been absence of fair hearing?whether when a miscarriage of justice has been occasioned, a consideration of the length of time it would take to resolve the dispute between the parties is relevant to a decision to order a rehearing de novo.?
RATIONES DECIDENDI
WHERE PROCEEDINGS OF A TRIBUNAL ARE VITIATED BY UNFAIRNESS
Where proceedings of a tribunal are vitiated by unfairness, the first duty of a court reviewing the decision of such tribunal is to set aside the decision. The order that the matter he heard de novo in a civil case is an order made for the benefit of both parties so that the matter in dispute could be gone into and resolved on the merit. Per E. O. AYOOLA, JSC.
CASES CITED
Ikomi v. The State [1986] 1 NSCC 730Abodunde v. R (1959) FSC 70?
STATUTES REFERRED TO
None.
